73Compensation payable to person who has non-imminently fatal compensable disease

73 Compensation payable to person who has non-imminently fatal compensable disease

(1)  Subject to this Act, the compensation payable under this Act to a person –

(a) who has a compensable disease; and

(b) who has a degree of impairment of 10% or more because of an asbestos-related disease; and

(c) in relation to whom the Commissioner or the Tribunal has made a determination under this Act that the person has a non-imminently fatal asbestos-related disease; and

(d) in relation to whom the Commissioner or the Tribunal has not made a subsequent determination under this Act that the person has an imminently fatal asbestos-related disease –

is a lump sum equivalent to the relevant amount in relation to the person.

(2)  For the purposes of subsection (1) , the relevant amount in relation to a person is 360 compensation units, less –

(a) if the person has a degree of impairment,because of one or more asbestos-related diseases, of less than 26%, 240 compensation units; and

(b) if the person has a degree of impairment, because of one or more asbestos-related diseases, of 26% or more but less than 51% , 120 compensation units –

together with weekly payments, if any, to which the person is entitled under Division 3 .

(3)  Despite any other provision of this section, if the Commissioner has paid compensation by way of a lump sum under this Act to a person –

(a) who has a compensable disease; and

(b) in relation to whom the Commissioner or the Tribunal made, before making a determination under this Act that the person has a non-imminently fatal asbestos-related disease, a determination under this Act that the person has an imminently fatal asbestos-related disease –

the amount of compensation payable to the person by way of lump sum under this section is to be reduced by the amount of any lump sum already paid to the person under this Act.